CHAPTER V
INTREPRETATION OF WORDS AND PHRASES
A. IN GENERAL
5.01. GENERALLY
A word or a phrase used in a statute may have
an ordinary, generic, restricted, technical, legal,
commercial or trade meaning. It may have been defined
in the statute itself, or may have previously received a
judicial construction. Which meaning should be given to
a word or phrase in a statute depends upon what the
legislature intended. The task involves as certaining
legislative intent primarily from the statute itself and
secondarily, from extraneous and relevant
circumstances and, having ascertained it, construing the
word or phrase in such a way as to effectuate such
intent.
5.02. STATUTORY DEFINITION
If the congress gave a definition for the law
should prevail other than any other definition, even if it
is contrary to the generally accepted definition.
5.03. QUALIFICATION OF RULE
The general rule that the statutory definitions
control the meaning of statutory words does not apply
where its application creates obvious incongruities in
the language of the statute, destroy one of its major
purposes, or becomes illogical as a result of a change in
its factual basis.
5.04. WORDS CONSTRUED IN THEIR ORDINARY SENSE
In the absence of legislative intent to the
contrary, they should be given their plain, ordinary, and
common usage meaning. And courts, as a rule, should
not presume that the lawmaking body does not know
the meaning of the words and the rules of grammar.
5.05. GENERAL WORDS CONSTRUED GENERALLY
Generalia verba sunt generaliter intelligenda,
what is generally spoken shall be generally understood
or general words shall be understood in a general
sense. Generale dictum generaliter est interpretandum.
A general statement is understood in a general sense. A
word used in a statute has both a restricted and general
meaning, the general must prevail over the restricted
unless the nature of the object matter or the context in
which it is employed clearly indicates that the limited
sense is intended.
5.13. MEANING OF TERM DICTATED BY CONTEXT
The context in which the word is used
oftentimes determines its meaning, a word is to be
understood in the context in which it is used. Verba
accipienda sunt secundum materiam.
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5.14. WHERE THE LAW DOES NOT DISTINGUISH
Where the law does not distinguish, courts
should not distinguish. Ubi lex non distinguit, nec nos
distinguere debemus. The rule, founded on logic, is a
corollary of the principle that general words and
phrases in a statute should ordinarily be accorded their
natural and general significance.
5.16. DISJUNCTIVE AND CONJUNCTIVE WORDS
The use of the disjunctive “or” between two
phrases connotes that either phrase serves as a
qualifying phrase. The word “and” is conjunction
pertinently defined as meaning “together with,” “along
or together with.”
B. ASSOCIATED WORDS
5.17. NOSCITUR A SOCIIS
Where a particular word or phrase is ambiguous
in itself or is equally susceptible of various meanings, its
correct construction may be made clear and specific by
considering the company of words in which it is found
or with which it is associated.
5.19. EJUSDEM GENERIS
Where a general word or phrase follows an
enumeration of particular and specific words of the
same class or where the latter follow the former or
where general words follow an enumeration of persons
or things, by words of a particular meaning, such
general words are not to be construed in their widest
extent, but are to be held as applying only to persons or
things of the same kind or class specifically mentioned.
Where a statute describes things of particular class or
kind accompanied by words of a generic character, the
generic words will usually be limited to things of a
kindred nature with those particularly enumerated,
unless there is something in the context of the statute
to repel such inference.
5.22. EXPRESSIO UNIUS EST EXCLUSIO ULTERIUS
The express mention of one person, thing, or
consequence implies the exclusion of all others. What is
not express or what excluded does not kelory.
5.26. DOCTRINE OF CASUS OMISSUS
Casus omissus pro omisso habendus est states
that a person, object, or thing omitted from an
enumeration must be held to have been omitted
intentionally.
5.27. DOCTRINE OF LAST ANTECEDENT
Generally speaking, qualifying words restrict or
modify only the words or phrases to which they are
immediately associated. They do not qualify words of
phrases which are distantly or remotely located. In
other words, in the absence of legislative intent to the
contrary, preferential and qualifying words and phrases
must be applied only to their immediate or last
antecedent, and not to the other remote or preceding
words or association of words. The maxim expressive of
this rule is ad proximum antecedens fiat relatio nisi
impediatur sentential, or relative words refer to the
nearest antecedents, unless the context otherwise
requires.
5.30. READENDO SINGULA SINGULIS
The maxims means referring each to each;
referring each phrases or expression to its appropriate
object, or let each be put in its proper place, that is, the
words should be taken distributively. Requires that the
antecedents and consequences should be read
distributively to the effect that each word is to be
applied to the subject to which it appears by context
most appropriately related and to which it is most
applicable.
C. PROVISOS, EXCEPTIONS AND SAVING CLAUSES
5.31. PROVISOS, GENERALLY
Generally, the office of a proviso is either to
limit the application of the enacting clause, section, or
provision of a statute, or to except something there
from, or to quality or restrain its generality, or to
exclude some possible ground or misinterpretation of it,
as extending to cases not intended by the legislature to
be brought within its purview.
5.40. SAVING CLAUSE
A saving clause is a clause in a provision of law
which operates to except from the effect of the law
what the clause provides or to save something which
would otherwise be lost. It is usually used to except or
to save something from the effect of a repeal of a
statute.
CHAPTER VI
STATUTE CONSTRUED AS WHOLE AND IN RELATION TO
OTHER STATUTES
A. STATUTE CONSTRUED AS WHOLE
6.01. GENERALLY
A statute is passed as a whole or not in parts or
sections and is animated by one general purpose and
intent. In other words, the whole and every part of a
statute should be construed together. The law must be
considered as a whole, just as it is necessary to consider 6.11. CONSTRUCTION TO AVOID SURPLUSAGE
a sentence in its entirely in order to grasp its true
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meaning. It is a dangerous practice to base construction
upon only a part of a section since one portion may be
qualified by the other portion. Where a requirement is
made in explicit and unambiguous terms, no discretion
is left to the judiciary. It must see to it that its mandate
is obeyed.
6.20. INTENT ASCERTAINED FROM STATUTE AS WHOLE
The intent or meaning of a statute should be
ascertained from the statute taken as a whole and not
from an isolated part or provision thereof.”this is so
because the law is the best expositor of itself. Optimu
statuti interpretatrix est ipsum statutum. The best
interpreter of a statute is the statute itself.
6.30 PURPOSE OR CONTEXT AS CONTROLLING GUIDE
Statutes must receive a reasonable
construction, reference being had to their controlling
purpose, to isolated and disjoined clauses, but to their
spirit, broadly taking all their provisions together in one
rational view. A statute must receive such reasonable
construction as will if possible make all its parts
harmonize with each other and render them consistent
with its scope and object.
6.04. GIVING EFFECT TO STATUTE AS A WHOLE
In constructing a statute, courts have to take
the brought conveyed by the statute as a whole
construe the constituent parts together ascertain the
legislative intent from the whole act. Consider each and
every provision thereof in the light of the general
purpose of the statute, and endeavor to make every
part effective harmonious, and sensible.”
6.07 CONSTRUCTION AS NOT TO RENDER PROVISION
NUGATORY
The whole statute should, if possible be given effect is
that a provision of a statute should be so construed as
not to nullify or render nugatory another provision of
the same statute. The principle is expressed in the
maxim, interpretation fienda est ut res magis ucleat
quam pereat, which means a law should be interpreted
with a view to upholding rather than destroying it.
6.10. CONSTRUCTION AS TO GIVE LIFE TO LAW
Laws must be receive sensible interpretation to
promote the ends for which they are enacted. They
should be so given reasonable and practical contruction
as will give life to them, if it can be done without doing
violence to reason. Interpretatio fienda est ut res magis
valeat quam pereat, or that interpretation as will give
the thing efficacy is to be adapted.
 Each and every part of of the statute should be
given its due effect and meaning in relation to the rest.
It is well-settled that whenever possible, a legal
provision must not be so construed as to be a useless
Surplusage, and, accordingly, meaningless in the sense
of adding nothing to the law or having no effect
whatsoever therein.
B. STATUTE CONSTRUED IN RELATION TO
CONSTITUTION AND OTHER STATUTES
6.14. STATUTE CONSTRUED IN HARMONY WITH THE
CONSTITUTION
As the Constitution is the fundamental law to
which all laws are subservient, a statute should not be
interpreted independently of Constitution. The statute
should be construed in the harmony with, and not in
violation of, the fundamental law.
6.15. STATUTES IN PARI MATERIA
Statutes in pari materia when they relate to the
same person or thing, or have the same purpose or
object, or cover the same specific or particular subject
matter. The later statute may specifically refer to the
prior statutes.
6.16 HOW STATUTES IN PARI MATERIA CONSTRUED
The rule is that a statute should be so construed
not only to be consistent with it but also to harmonize
with other laws on same subject matter, as to form a
complete, coherent and intelligible system. The rule is
expressed in the maxim, interpretare et concordare
leges legibus est optimus interpretandi modus, or every
statute must be so construed and harmonized with
other statutes as to form a uniform system of
jurisprudence.
6.20. GENERAL AND SPECIAL STATUTES
A general statute which applies to all of the
people of the state or to all of a particular class of
persons in the state with equal force. A special statute,
as the term is generally understood, is which one
relates to particular persons or things of a class or to a
particular portion or section of the state only. A general
law and a special law on the same subject are statutes
in pari material and should, accordingly, be read
together and harmonized, if possible, with a view to
giving effect to both.
6.23. REFERENCE STATUTES
A reference statute is a statute which refers to of a statue to accomplish its intended purpose, carry
other statutes and makes applicable to the subject or
legislation. It is incorporation in a statute of a another of a statute to meet cases which are clearly within the
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statute by reference. The adoption of a statute makes it
as much a part of the adopting statute as in it have been
incorporated therein in full.
6.24. SUPPLEMENTAL STATUES
A supplemental act is one intended to supply
deficiencies in an existing statute and to add, to
complete or to extend the statute without changing or
modifying its original text. The original statute and the
supplemental act should be read and construed
together to make intelligible whole.
6.25. REENACTED STATUTES
A statute which reenacts a previous statute or
the provisions thereof is known as a reenacted statute.
A reenactment is one in the provisions of an earlier
statute are reproduced in the same or substantially the
same words.
6.28. ADOPTED STATUES
An adopted statute is a statute patterned after ,
or copied from a statute foreign country. In construing
an adopted statute, it is proper for the court to take
into consideration the construction of the law by the
courts of the country from which it is taken, as well as
the law itself and the practices under it, for the
legislative is presumed to have adopted such
construction and practices with the adoption of the law.
CHAPTER VII
STRICT OR LIBERAL CONSTRUCTION
A. IN GENERAL
7.01. GENERALLY
Whether a statute is to be given a strict or
liberal construction will depend upon the nature of the
statute, the purpose to be subserved and the mischief
to be remedied.
7.02. STRICT CONSTRUCTION, GENERALLY
Strict construction is that construction
according to the letter of a statute, which recognizes
nothing that is not expressed, takes the language used
in its exact meaning, and admits no equitable
consideration close and conservative adherence to the
literal or textual interpretation. Strict construction is the
antithesis of liberal construction. If it’s not w/in the
letter, it’s not included.
7.03. LIBERAL CONSTRUCTION, DEFINED
Equitable construction as will enlarge the letter
out its intent, or promote justice. Expands the meaning
spirit or reason thereof or within the evil which the
statute was designed to remedy, without being
inconsistent with its language or doing violence to any
of its terms. The should be receive a fair and reasonable
interpretation, so as to attain the intent, spirit and
purpose of the law.
7.04. LIBERAL CONSTRUCTION APPLIED, GENERALLY
Where a statute is ambiguous and capable of
more than one construction, the literal meaning of the
words used may be rejected if the result of adopting
said meaning would be to defeat the purpose of the
law.
7.06. CONSTRUCTION TAKING INTO CONSIDERATION
GENERAL WELFARE OR GROWTH OF CIVILIZATION
Salus populi est suprema lez. Thus, statutes
enacted for the public good are to be constructed
liberally. Statuta pro publico commodo late
interpretantur. Another authority thinks along similar
lines: “The statute in general has two, articulate organs
for lawmaking purposes – the legislature and tribunal.
B. STATUTES STRICLY CONSTRUED
7.07. PENAL STATUTES, GENERALLY
Penal statutes are those acts of the legislature
which prohibit certain acts and establish penalties for
their violation; or those that that define crimes, treat of
their nature and provide for their punishment. Strictly
and properly speaking, penal or criminal laws are those
which impose punishment for an offense committed
against the state, and which the chief executive has the
power to pardon. Penal statues, all statutes which
command or prohibit certain acts, without expressly
probihiting certain acts, impose a penalty upon their
commission. Penal law, is an act of the legislature that
probihits certain acts and establishes penalties for its
violations. It also defines crime, treats of its nature and
provides for its punishment.
7.08. PENALTY STATUTES STRICTLY CONSTRUED
Penal or criminal laws are strictly construed
against the state and liberally in the favor of accused.
Must not bring cases within the provision of a statute
that are not clearly embraced by it. Penalizes the
commission of an act on certain specific occasions, it
cannot be construed to penalize it on all occasions.
Penal laws are to be construed strictly. Such rule is
founded on the tenderness of the law for the rights of
individual and on the plain principle that the power of
punishment is vested in Congress, not the judicial
department.
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7.09. REASON WHY PENAL STATUTES ARE STRICTLY
CONSTRUED
The law is tender in favor of the rights of an
individual; to provide a precise definition of forbidden
acts.
7.10. ACTS MALA IN SE AND MALA PROBIHITA
Actus non facit reum nisi mens sit rea, the act
itself does not make a man guilty unless his intention
were so. Actus me invito factus non est meus actus, an
act done by me against my will is not my act.
In acts, mala in se, such as those penalized under the
Revised Penal Code, criminal intent, apart from the act
itself, is required, but in those which are mala prohibita
the only inquiry is, has the law been violated.
7.12. LIMITATION OF RULE
Not to be permitted to defeat the intent, policy,
and the purpose of the statute. When a penal statute is
capable of two interpretations, one which will operate
to exempt an accused from liability from violation
thereof and another which will give effect to the
manifest intent of the statute and promote its object
the latter interpretation should be adopted. The rules of
interpretation are rules of construction, not destruction.
7.13. STATUTES IN DEROGATION OF RIGHTS
Rights are not absolute, and the state, in the
exercise of its police power, may enact legislations
curtailing or restricting their enjoyment. As these
statutes in derogation of common or general rights,
they are generally strictly construed and rigidly confined
to cases clearly within their scope or purpose.
7.14. STATUTES AUTHORIZING EXPROPRIATIONS
Statutes expropriating or authorizing the
expropriation of property are strictly construed against
the expropriating authority and liberally in favor of
property owners. The exercise of the right of eminent
domain, whether by the State, or by its authorized
agents, is necessarily in derogation of private rights, and
the rule in that case is that the authority must be strictly
construed. When the legislature interferes, with that
right, and, for greater purposes, expropriates the lend
of an individual without his consent, the plain meaning
of the law should not be enlarged by doubtful
interpretation.
7.15. STATUTES GRANTING PRIVILEGES
Statutes granting advantages to private persons
or entitles have in many instances created special
privileges or monopolies for the grantees and have thus
been viewed with suspicion and strictly construed.
Privilegia recipient largam interpretationem voluntati
consonam concedentis, or privileges are to be
interpreted in accordance with the will of him who
grants them. In the matter of rights and the privileges
granted subject to conditions, the maxim dura lex sed
may properly be applied.
7.16. LEGISLATIVE GRANTS TO LOCAL GOVERNMENT
UNITS
Legislative grants in favor of local government
units are grants of a public nature, and hence, should be
strictly construed against the grantee. The grant should
be narrowly restricted in the favor of the public. Hence,
the letter of the statute should be narrowed to exclude
matters which, if included, would defeat the policy of
the legislature.
7.17. STATUTORY GROUNDS FOR REMOVAL OF
OFFICIALS
Strictly against the “renoral”. The reason for the
stringent rule is said to be that the remedy of removal is
a drastic one and penal in the nature. Injustice and
harm to the public interest would likely emerge should
such laws not be not strictly interpreted against thje
power of suspension or removal.
7.18. NATURALIZATION LAWS
It is well-settled that laws on naturalization are
strictly construed against an applicant for citizenship
and rigidly followed and enforced. The reason is that
the right of an alien to become a citizen by
naturalization is a statutory rather than a natural one,
and does not become vested until he files a petition and
establishes by competent and satisfactory evidence that
he has all the qualifications and none of the
disqualifications specified by law.
7.19 STATUTES IMPOSING TAXES AND CUSTOMS
DUTIES
The power to tax is an incident of sovereignty
and is unlimited in its range, acknowledging in its very
nature no limits, so that security against its abuse is to
be found only in the responsibility of the legislature
which imposes the tax on the constituency who are to
pay it. The reason underlying the rule of strict
construction of statutes imposing taxes or customs
duties is that taxation is a destructive power which
interferes with personal and property rights of the
people and takes from them a portion of their property
for support of the government.
7.20. STATUTES GRANTING TAX EXEMPTIONS
Laws granting tax exemptions are thus
construed strictissimi juris against the taxpayer and
liberally in favor of the taxpaying authority. Taxation is peace, good order, comfort, and convenience of the
the rule and exemption is the exception. The burden of
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proof rests upon the party claiming exemption to prove
that is in fact covered by the exemption so claimed.
7.22. STATUTES CONCERNING THE SOVEREIGN
A law which will question the sovereign of the
state shall be construed strictly in favor of the gov’t.
Any law which is imposes restrictions which diminish
rights and interest of the state.
- Lenient in the favor of gov’t.
7.24. STATUTES AUTHORIZING SUITS AGAINST THE
GOVERNMENT
The Constitution provides the “state may not be
sued w/out its consent.” This provision reaffirms the
universal rule that the sovereign is exempt from suit, in
the absence of its consent to be sued usually in the
form of a statute to that effect, not bec. of any formal
conception or absolute theory but on the logical and
practical ground that there can be no legal right against
the authority that makes the law on which the right
depends.
7.24. STATUTES PRESCRIBING FORMALITIES OF WILL
Statutes prescribing formalities to be observed
in the execution of wills are strictly construed. This
means that a will must be executed in accordance with
the statutory requirements, otherwise it is entirely void.
And the court can neither suspend nor dispense with
such requirements.
C. STATUTES LIBERALLY CONSTRUED
7.26. GENERAL SOCIAL LEGISLATION
Statutes which have been enacted to
implement social justice and protection-to-labor
provisions of the Constitution are known as general
welfare legislations. General welfare legislations which
are construed liberally include labor laws, land reform
laws, and social security laws.
7.27. GENERAL WELFARE CLAUSE
The general welfare clause on the power of
local government has two branches. One branch
attaches itself to the main trunk of municipal authority
and relates to such ordinances and regulations as may
be necessary to carry into effect and discharge the
powers and duties conferred upon local legislative
bodies by law. The second branch is much more
independent of the specific functions enumerated by
law. It authorizes such ordinances as shall seem
necessary and proper to provide for the health and
safety, promote the prosperity, improve the morals,
local gov’t unit and the inhabitants thereof, and for the
protection of property therein.

7.28. GRANT OF POWER TO LOCAL GOVERNMENTS
The trend w/ respect to the powers of
municipal corporations is from a limited self-
government to full autonomy. The interpretation of
statutes affecting local governments follows such trend,
from strict to liberal interpretation.
7.29. STATUTES GRANTING TAXING POWER
The rule is that a local gov’t unit, unlike the
sovereign state, is clothed w/ no inherent power of
taxation. The character or statute must plainly show an
intent to confer that power or the city or municipality
cannot assume it. And the taxing power when granted is
to be construed strictissimi juris. Any doubt or
ambiguity arising out of the terms used in granting that
power must be resolved against the local gov’t unit.
Inferences, implications, and deductions have no place
in the interpretation of the taxing power of a municipal
corporation.
7.30. STATUTES PRESCRIBING PRESCRIPTIVE PERIOD
TO COLLECT TAXES
Statutes prescribing the period of limitation of
action for the collection of taxes is beneficial both to the
gov’t and its citizens; to the gov’t bec. tax officers would
be obliged to act promptly in the making of assessment,
and to citizens bec. after the lapse of the period of
prescription, citizens would have a feeling of security
against unscrupulous tax agents who will always find an
excuse to inspect the books of taxpayers, not to
determine the latter’s real liability, but to take
advantage of every opportunity to molest peaceful, law-
abiding citizens.
7.31. STATUTES IMPOSING PENALTIES FOR
NONPAYMENT OF TAX
Statutes imposing penalties for nonpayment of
taxes within the required period are liberally construed
in favor of the gov’t are strictly observed and
interpreted against the taxpayer.
7.32. ELECTION LAWS
Election laws should be reasonably and liberally
construed to achieve their purpose – to effectuate and
safeguard the will of the electorate in the choice of
their representatives – for the application of election
laws involve public interest and impose upon the
Commission on Elections and the courts the imperative
duty to ascertain by all means within their command
who is the real candidate elected by the people.
7.33. AMNESTY PROCLAMATIONS
Amnesty proclamations should be liberally MANDATORY AND DIRECTORY STATUTES
construed so as to carry out their purposes, which is to
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encourage the return to the fold of the law of those
who have veered from the law.
Amnesty and pardon are synonymous, and for this
reason, the grant of pardon should likewise be
construed liberally in favor of those pardoned and
strictly against the state, for where two words are
synonymous, the rules for interpreting one will apply to
the other.
7.34. STATUTES PRESCRIBING PRESCRIPTIONS OF
CRIMES
A statute of limitation or prescription of
offenses is in the nature of an amnesty granted by the
state, declaring that after a certain time, oblivion shall
be cast over the offense. Thus, in interpretation of the
law in prescription of crimes, that which is most
favorable to the accused is to be adopted.
7.35 ADOPTION STATUTES
Adoption statutes are construed liberally in
favor of the child is to be adopted. This construction is
in consonance w/ the liberal concept that adoption
statutes, being humane and salutary, hold the interest
and welfare of the child to be of paramount
consideration and are designed to provide homes,
parental care, education for the unfortunate, needy or
orphaned children and give them the protection of
society and family in the person of the adopter.
7.36. VETERANS AND PENSION LAWS
Veteran and pension laws are enacted to
compensate a class of men who suffered in the service
for the hardships they endured and the dangers they
encountered in the line of duty. Thus, where a statute
grants pension benefits to war veterans, except those
who “are actually receiving a similar pension from other
gov’t funds,” the phrase “gov’t funds” refers to funds of
the same gov’t and does not preclude war veterans
receiving similar pensions from the US Gov’t from
enjoying the benefits therein provided.
7.37 RULES OF COURT
The Rules of Court, being procedural, are to be
construed liberally with the end in the view of realizing
their purpose – the proper and just determination of
litigation.
The rules should instead be so construed as to give
litigants ample opportunity to prove their respective
claims, and that a possible denial of substantial justice,
due to legal technicalities, should be avoided.
CHAPTER VIII
 A. IN GENERAL
8.01. GENERALLY
Statutes may be classified either as mandatory
or directory. The classification is important in resolving
the question of what effect should be given to the
mandate of statute.
8.02. MANDATORY AND DIRECTORY STATUTES,
GENERALLY
A mandatory statute is a statute which
commands either positively that something be done, or
performed in a particular way, or negatively that
something be not done, leaving the person concerned
no choice on the matter except to obey. A mandatory
statute is one that contains words of command or to
prohibition, the omission to follow which renders the
proceeding which it relates illegal and void, or the
violation of which makes the decision therein rendered
invalid.
A directory statute is a statute which is permissive or
discretionary in nature operates to confer discretion
upon a person, namely, to act according to the dictates
of his own judgment and conscience and not conrtolled.
8.03. WHEN STATUTE IS MANDATORY OR DIRECTORY
There is no universal rule by which directory
provisions in a statute may in all circumstances be
distinguished from those which are mandatory. Neither
is there an absolute test for determining whether a
statutory direction is to be considered mandatory or
directory. In the determination of this question, the
primary object is to ascertain legislative intent. The
legislative intent must be obtained from all the
surrounding circumstances, and the determination does
not depend on the form of the statute.
Words of permissive character may be given a
mandatory significance in order to effect the legislative
intent, and, when the terms of a statute are such that
they cannot be made effective to extent of giving of
each and all of them some reasonable operation, w/out
construing the statute as mandatory, such construction
should be given.
However mandatory in form, may be deemed directory
whenever the legislative purpose can best be carried
out by such construction; whether a statute is
mandatory or directory depends on whether the thing
directed to be done is of the essence of the thing
required, or is a mere matter of form, and what is a
matter of essence can often be determined only by
judicial construction.
8.04. TEST TO DETERMINE NATURE OF STATUTE
The test generally employed to determine
whether a statute is a mandatory or directory is to
ascertain the consequence that will follow in case what officer power to perform acts which concern the public
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the statute requires is not done or what it forbids is
performed.
8.06. USE OF “SHALL” OR “MUST”
“Shall” in a statute implies that the statute is
mandatory. It means “ought to,” “must’ and when used
in a statute or regulation, expresses what is mandatory.
In common parlance and its ordinary signification, the
term “shall” is a word of command, and one which has
or which must be given a compulsory meaning, and it is
generally imperative or mandatory. The presumption is
that the word “shall” in a statute is used in an
imperative, and not in a directory sense. “Shall” the
term “must” or “ought” is a word of command. It
connotes compulsion or mandatoriness.
8.07. USE OF “MAY”
The word “may” is an auxiliary verb showing
among others, opportunity or possibility.
- implies the possible existence of something.
- denotes that it is directory in nature.
- permissive only and operates to confer discretions.
8.08. WHEN “SHALL” IS CONSTRUED AS “MAY” AND
VICE VERSA
It is well-settled that the word “may” should be
read as “shall” where such construction is necessary to
give effect to the apparent intention of the legislature.
The word “may” will, as a rule be construed as “shall”
where a statute provides for the doing some act which
is required by justice or public duty, or where it vests a
public body or officer w/ power and authority to take
such action which concerns the public interest or rights
of individuals. Shall be construed merely as permissive
when no public benefit or private right requires that it
be given an imperative meaning.
8.09. USE OF NEGATIVE, PROBIHITORY OR EXCLUSIVE
TERMS
A negative statute is mandatory. A negative
statute is one expressed in negative words or in the
form of an affirmative proposition qualified by the word
“only,” said word having the force of an exclusionary
negation.
A statute or provision which contains words of positive
prohibition, such as “shall not,” “cannot,” or “ought
not,” or which is couched in negative terms importing
that the act shall not be done otherwise than
designated is mandatory.
B. MANDATORY STATUTES
8.10. STATUTES CONFERRING POWER
Statutes which confer upon a public body or
interests or rights of individuals are generally regarded
as mandatory. The power is given not for the benefit of
the public officer but for that of third persons.
8.11. STATUTES GRANTING BENEFITS
Statutes which require certain steps to be taken
or certain conditions to be met before persons
concerned can avail of the benefits concerned by law
are, w/ respect to such requirements, considered
mandatory.
The rule is based on the maxim, vigilantibus et non
dormientibus jura subveniunt, or the laws aid the
vigilant, not those who slumber on their rights. Potior
est in tempore, potior est in jure – he who is first in time
is preferred in right.
Prior in time – prior in right.
8.12. STATUTES PRESCRIBING JURISDICTIONAL
REQUIREMENTS
Statutes prescribing the various steps and
methods to be taken for acquisition of jurisdiction by
the courts or tribunals over certain matters are
considered mandatory.
8.13. STATUTES PRESCRIBING TIME TO TAKE ACTION
OR APPEAL
Such statutes or rules have been held as
absolutely indispensable to the prevention of needless
delays and to the orderly and speedy discharge of
judicial functions.
8.14. STATUTES PRESCRIBING PROCEDURAL
REQUIREMENTS
In statutes relating to procedure, every act
which is jurisdictional, or of the essence of the
proceedings, or is prescribed for the protection of
benefit of the party affected, is mandatory. A statute
which requires a court to exercise its jurisdiction in a
particular manner, follows a particular procedure, or
subject to certain limitations, is mandatory.
8.15. ELECTION LAWS ON CONDUCT OF ELECTION
The provisions of election laws governing the
conduct of elections and prescribing the steps election
officials are required to do in connection there w/ are
mandatory before the elections, sought to enforce
them after the elections, they are held to be directory
only.
To hold elections laws on the conduct of the election
mandatory even after the election, the effect of which
will be to nullify the votes affected by violation thereof.
8.16. ELECTION LAWS ON QUALIFICATION AND
DISQUALIFICATION
STATUTORY CONSTRUCTION-REVIEWER FOR FINALS
The rule does not apply to provisions of the
election laws prescribing the time limit to file
certificates of candidacy and the qualifications and
disqualifications to elective office. These provisions are
considered mandatory even after the elections.
8.17. STATUTES PRESCRIBING QUALIFICATIONS FOR
OFFICE
Statutes prescribing the eligibility or
qualifications of persons to a public office are, as a rule,
regarded as mandatory. If a person is not qualified at
the time he assumed, he loses such eligibility or
qualifications during the continuance of his
incumbency, he may be ousted from office.
8.18 STATUTES RELATING TO ASSESSMENT OF TAXES
It is general rule that the provisions of a statute
relating to the assessment of taxes, which are intended
for the security of the citizens, or to insure the quality of
taxation, or for certainty as to the nature and amount of
each other’s tax, are mandatory; but those designed
merely for the information or direction of officers or to
secure methodical and systematic modes of
proceedings are merely directory.
8.19. STATUTES CONCERNING PUBLIC AUCTION SALE
Statutes authorizing public auction sale of
properties and prescribing the procedure to be followed
are in derogation of property rights and due process,
and are construed, with respect to the prescribed
procedure, to be mandatory.
C. DIRECTORY STATUTES
8.20. STATUTES PRESCRIBING GUIDANCE FOR
OFFICERS
Such generally are regulations designed to
secure order, system and dispatch in proceedings, and
by a disregard of which the rights of parties interested
may not be injuriously affected.
8.22. STATUTES REQUIRING RENDITION OF DECISION
WITHIN PRESCRIBED PREIOD
The Constitution provides that the maximum
period within which a case or matter shall be decided or
resolved from the date of its submission, shall be
twenty-four months from the Supreme Court, and,
unless reduced by the Supreme Court, twelve months
for lower collegiate courts, and three months for all
other lower courts.
8.23. CONSTITUTIONAL TIME PROVISION DIRECTORY
Does the Constitution alter the general rule and
render time provision to decide mandatory? Is a
decision rendered beyond the period prescribed in the
by: RHEYNE ROBLEDO LPU-COLLEGE OF LAW
Constitution – twenty- four months for the Supreme The problem of statutory construction is not whether it
Court, twelve months for lower collegiate courts, and will be construed to operate retroactively as the clear
three months for other lower courts – null and void? language of the law leaves no doubt to what it says, but
whether the statute as applied retroactively violates any
of the constitutional restrictions.
CHAPTER IX
PROSPECTIVE AND RETROACTIVE STATUTES
B. STATUTES GIVEN PROSPECTIVE EFFECT
A. IN GENERAL
9.01. PROSPECTIVE AND RETROACTIVE STATUTES, 9.06. PENAL STATUTES, GENERALLY
DEFINED Penal laws or those laws which define offenses
A prospective statute is one which operates and prescribe penalties for their violation operate
upon facts or transactions that occur after the statute prospectively. Except by virtue of a law in force at the
takes effect, one that looks and applies to the future. A time the act was committed. It is based on the well-
retroactive law is a law which creates a new obligation, known legal maxim, nullum crimen sine poena sine
imposes a new duty or attaches a new disability in legis, or those is no crime w/out a penalty, and there is
respect to a transaction already past. A retroactive law, no penalty w/out a law.
in a legal sense, is one which takes away or impairs
vested rights acquired under existing laws, or creates a 9.07. EX POST FACTO LAW
new obligation and imposes a new duty, or attaches a Provides that no ex post facto law shall be
new disability in respect of transactions or enacted.
considerations already past. (1) A law which makes an criminal an act done
before the passage of the law and which was
9.02. LAWS OPERATE PROSPECTIVELY, GENERALLY innocent when done, and punishes such act;
It is well-settled rule of statutory construction (2) A law which aggravates a crime or makes it
that statutes are to be construed as having only greater than it was, when committed;
prospective operation, unless the intendment of the (3) A law which changes the punishment and
legislature to give them a retroactive effect is expressly inflicts a greater punishment than that annexed
declared or is necessarily implied from the language to the crime when committed;
used. (4) A law which alters the legal rules of evidence,
Ex prospicit, non respicit, or the law looks forward, not and authorizes conviction upon less or different
backward; and lex de futuro, judex de praeterito, or the testimony than the law required at the time of
law provides for the future, the judge for the past. commission of the offense;
(5) A law which assumes to regulate civil rights and
remedies only, but in effect imposes penalty or
deprivation of a right for something which when
done was lawful; and
9.03. PRESUMPTION AGAINST RETROACTIVE (6) A law which deprives a person accused of a
It is settled that the question of whether a crime of some lawful protection to which he has
statute operates retroactively or only prospectively become entitled, such as protection of amnesty.
depends upon legislative intent. The provision against ex post facto law is limited in
a scope and applies only to criminal or penal
9.04. WORDS OR PHRASES INDICATING PROSPECTIVITY matters, and not to laws which concern civil
Where by its terms a statute is to apply proceeding generally.
“hereafter” or “thereafter,” or is to take effect
immediately or at a fixed future date, or where a 9.08. BILL OF ATTAINDER
statute contains, in the enacting clause, the phrase A law that renders decision without trial.
“from and after the passing of this Act,” or employs Intended for prosecution.
such words as “shall have been made” or “from and This is the historic explanation for uniting the two
after” a designated date, the statute is prospective in mischiefs in one clause – “no ex post facto law or
operation only. bill of attainder shall be enacted.” Accordingly, if a
statute is a bill of attainder, it is also an ex post
9.05. RETROACTIVE STATUTES, GENERALLY facto law. But if it is not an ex post facto law, the
Whether a statute will be construed as having a reasons that establish that it is not, are persuasive
retroactive effect in a question of legislative intent. that it is not a bill of attainder.
STATUTORY CONSTRUCTION-REVIEWER FOR FINALS by: RHEYNE ROBLEDO LPU-COLLEGE OF LAW

9.09. WHEN PENAL LAWS APPLIED RETROACTIVELY
Except when they are favorable to be accused.
“penal laws shall have a retroactive effect insofar as
they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5
Article of 62 of this code, although at the time of
the application of such laws a final sentence has
been pronounced and the convict is serving the
same.
9.10. STATUTES SUNSTANTIVE IN NATURE
A substantive law is a law which creates, defines
or regulates rights concerning life, liberty or
property, or the powers of agencies or
instrumentalities for the administration of public
affairs.
9.12. QUALIFICATION OF RULE
If a case must be decided in the light of the law
as it exists at the time of decision by the appellate
court, where the statute changing the law is
intended to be retroactive and to apply to pending
litigations or is retroactive in effect; and this rule is
true though it may result in the reversal of a
judgment which was correct at the time it was
rendered by the trial court. The rule is, however,
subject to the limitation concerning constitutional
restrictions against impairment of vested rights.
Curative remedial statutes are healing acts.
They are remedial by curing defects and adding to
the means of enforcing existing obligations.
9.24. STATUTES RELATING TO PRESCRIPTION
The general rule is that a statute relating to
prescription of action, being procedural in nature,
applies to all actions filed after its effectivity. In
other words, such a statute is both prospective in
the sense that it applies to causes that accrued and
will accrue after it took effect, and retroactive in the
sense that it applies to causes that accrued before
its passage.
9.26. PRESCRIPTION IN CRIMINAL AND CIVIL CASES
As a general rule, the laws on prescription of
actions apply as well to crimes committed before
the enactment as afterwards.
In the construction of such statute, there is no
intendment to be made in the favor of either party.
Neither grants the right to the other, there is
therefore no grantor against whom no ordinary
presumptions of construction are to be made.
9.27. STATUTES RELATING TO APPEALS
A statute relating to appeals is remedial or
procedural in nature and applies to pending actions
in which no judgment has yet been promulgated at
the time the statute took effect. Such statute, like
other statutes, may not however be construed
retroactively so as to impair vested rights.

C. STATUTES GIVEN RETROACTIVE EFFECT

9.17. LAWS NOT RETROACTIVE, EXCEPTION

The general rule is that laws have no retroactive
effect. However, there are exceptions to the general
rule, such as procedural laws and curative laws,
which are given retroactive operation.

9.19 PROCEDURAL LAWS

Procedural laws are adjective laws which
prescribe rules and forms of procedure of enforcing
rights or obtaining redress for their invasion: they
refer to rules of procedure by which courts applying
laws of all kinds can properly administer justice.
They include rules of pleadings, practices and
evidence. As applied to criminal law, they provide
or regulate the steps by one who commits a crime is
to be punished.

9.21. CURATIVE STATUTES

STATUTORY CONSTRUCTION-REVIEWER FOR FINALS by: RHEYNE ROBLEDO LPU-COLLEGE OF LAW